Weekly Newspaper for Ward County

MONAHANS TOP STORIES

DA questions legality of task force cash grabs

District attorney John Stickels questions both the legality and morality of some cash confiscations by agents of the Permian Basin Drug Task force.

It was the latest solvo in what has become a continuing verbal joust between Stickels and the task force.

Task force agents have indicated Stickels will no press narcotics cases the task force develops in his district. Stickels has suggested the procedures of the task force sometimes fall short of the law and the Constitution.

One problem, Stickels says, arises when agents do not arrest and seek criminal charges against persons from whom they take the money.

State and federal law provides the legal seizure of assets (cash and goods) if those assets can be proven to be the products of criminal activity.

In reference to recent cash seizures by a task force agent, Stickels comments: "I can't believe they would let a suspected drug dealer go and have the audacity to call me soft on drugs. But they did and I am not."

The district attorney did say he demanded good investigations and proper evidence before he would proceed with a case.

Stickels, whose headquarters is in Monahans, directs state prosecutions in the 143rd Judicial District which covers Ward, Reeves and Loving counties.

The latest cases to which he referred occurred on Oct 12, Oct. 19 and Oct. 22. All of them involved Task Force AGent Ernest Vanderleest of Saragosa. All of them were in Jeff Davis County, not a part of the 143rd district. More than $100,000 in cash was confiscated and two vehicles were impounded. All of those stopped signed so-called waivers of interest, in effect agreeing to the seizure of the cash or the vehicles. No arrest on drug charges were made. One man was held on Department of Public Safety warrants, Vanderleest reported. In two of the cases, the money was seized because it was in a "secret" compartment.

"What would you do?" asked Stickels rhetorically, "if you were pulled over by a law enforcement officer and ordered to sign a waiver allowing them to take your money? Many people would sign the waiver."

Stickels also said he was not comfortable with the assertion that secret or hidden compartments are prima facie evidence that objects inside are criminal, especially when it comes to cash.

Vanderleest was quoted in a story published in the Pecos Enterprise as saying he could go to work Reeves County.

The enterprise report quoted Jack Brewer, deputy commander of the task force as saying, "the present DA (Stickels) doesn't want us there" and said Stickels would not prosecute task force drug cases falling in Reeves, Loving and Ward counties.

"Having people just sign over money and then letting them go, "Stickles said of task force agents. "I just don't think that's right."

Stickles is not seeking a second term as district attorney.

He is moving to Austin where his wife has entered a special Ph.D. program in developmental psychology.

Democrat Randy Reynolds of Pecos is running unopposed for district attorney in the Nov. 5 general election.

County clerk predicts 65% vote Tuesday

Ward County Clerk Pat V. Finley predicts 65 percent of the county's 6,673 registered voters will cast ballots in the general election on Tuesday, Nov. 5.

"I expect 65 percent," Finley said. "I hope for 75."

Polls open at 7 a.m. and close at 7 p.m.

Extended weather forecasts call for a balmy day in November.

By 5 p.m. on Tuesday, 1996 Ward County voters had cast early voting ballots, reported Natrell Cain, deputy county clerk.

This was the highest, according to reports, in surrounding area but not as high as the voting was in the general presidential election four years ago when 1,682 early voters were cast. In the primary elections this year, 1,260 early votes were cast in the Democratic primary; 61, in the Republican.

"Early voting for this election could equal the total four years ago but it's going to have to go some, Finley said.

Early voting ends at 5 p.m. on Friday.

In a county where Democratic vote usually settles local races (although the electorate is basically conservative and will cast Republican ballots for state and national level offices), there is only one local race that has excited some local interest - Jesse Garcia, who is running as an Independent, in an attempt to unseat Incumbent Ward County Precinct 1 Commissioner Julian Florez, the Democratic nominee.

Garcia has been conducting a low key campaign, with only a few signs and limited broadcast and newspaper advertising.

Cahill appointed to town's council

Marge Cahill, who has shown an active interest in city government, was sworn in as the newest member of the Grandfalls Town Council on Wednesday, Oct. 23.

She succeeds Roger Mullins, who resigned from the council in order to accept a position with the city of Grandfalls. Mullins had served on the Council since May of 1995.

Cahill has two sons in the Grandfalls school.

She will serve Mullins' term and will stand for election to the council in May of 1997.

Council member Alex Navarettee moved that Cahill be appointed to the vacancy created by the resignation of Mullins. Council member Rudy Ramirez seconded the nomination. The motion was approved and Cahill was sworn in as the new member of the Grandfalls Council.

Meeting November 20

November 20 has been set for the November meeting of the Grandfalls City Council, the council voted on Wednesday, October 23. The reason; the Thanksgiving Holidays. The council's November meeting had been scheduled for the 27th.

Municipal court possible in future

Grandfalls City Council has taken the first step toward the possible establishment of a Municipal Court in the Ward County city.

That action came at the City Council meeting in the Grandfalls Municipal building on Wednesday, October 23.

Council has appointed a committee to study the economic feasibility of a Municipal Court for Grandfalls and also examine what actually would be required by the state to initiate such a court.

City Administrator Marylyn THurman said the potential of a Municipal Court is positive. Such a court would return dollars to the city for violations, dollars now being collected by the Justice of the Peace courts in Monahans, dollars which are not returned to the city of Grandfalls.

Thurman also said many of Grandfalls' city ordinances could not be properly "enforced without a municipal court."

Several questions need to be answered by the committee investigating the matter before the Council can take action on the issue. One of those questions involves the cost of such a proposed court including a judge and clerk.

For example, Thurman could serve as the court clerk but she could not serve as municipal judge because she already is a city employee.

Such a court would mean additional revenue for the Grandfalls but how much still is to be estimated. There is no projection as to when the Municipal Court feasibility study will be finished.